www.nativetitlesa.org Issue 82, Autumn 2021
A publication of South Australian Native Title Services
Thousands of people have protested in cities across Australia asking for an end to Aboriginal deaths in custody.
“Still no action” on Aboriginal deaths in custody Thousands of people have protested in cities across Australia asking for an end to Aboriginal deaths in custody. On the 30th anniversary of the Royal Commission into Aboriginal Deaths in Custody, SOSBlakAustralia SA Action Group held a protest at Tarntanyannga
Inside:
calling to raise the age of criminal responsibility from 10 to 14 years old. More than 470 Indigenous people have died in custody in the last 30 years, including five since March 2021. The commission found there were more Aboriginal deaths in custody because
more Aboriginal people were taken into custody, with police locking up Indigenous people younger and more frequently than non-Indigenous people. Founder of SOSBlakAustralia SA Action Group Janette Milera organised the rally at Tarntanyangga and started a petition
to raise the age of criminal responsibility to align with the recommendation set out by the UN Committee on the Rights of the Child. At the protest on April 15, Janette shared her thoughts about the anniversary with Aboriginal Way. Continued on page 3
Rio Tinto resignations after Juukan Gorge disaster Indigenous students are the majority at Tika Tirka accommodation Q&A with South Australian of the Year Tanya Hosch Legacy: Reflections on Mabo exhibition
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Changes to native title legislation For many Aboriginal Nations, the native title journey has shifted from the struggle to get native title, to achieving sustainable native title outcomes. Since the Native Title Act 1993, there have been a significant number of native title claims, with around 60% of South Australia now subject to native title. In February 2021, the Australian Government passed the Native Title Legislation Amendment Act 2021 to update the national native title framework. The amendments aim to strengthen the native title system by giving native title claim groups greater flexibility to set their internal processes. The act also allows extinguishment over areas of national and state parks to be disregarded if both parties agree, and more pathways to address disputes following a native title determination. The government also increased transparency and accountability of PBCs in the Registered Native Title Bodies Corporate Legislation Amendment Regulations 2021. When traditional owners gain native title, they need to establish a Prescribed Bodies Corporate (PBC) as a legal entity to manage their affairs and protect their native title interests. Find out more about the changes to native title legislation at nntc.com.au
Far West Coast Native Title Determination 2013.
CALL FOR NOMINATIONS TO THE STATE ABORIGINAL HERITAGE COMMITTEE Under section 7 of the Aboriginal Heritage Act 1988 (SA) (Act), the Premier must appoint an Aboriginal Heritage Committee (Committee) to advise him about the protection and preservation of Aboriginal heritage in South Australia. Amongst other things, the Committee also decides the appointment of Recognised Aboriginal Representative Bodies (RARBs). RARBs are bodies authorised to make agreements about the heritage they represent, but only after consulting with and representing the views of Traditional Owners of Aboriginal heritage within their appointment area. WHAT DOES COMMITTEE MEMBERSHIP INVOLVE? Up to nine scheduled meetings each year of one or two day’s duration, most often in Adelaide Shorter, out-of-session meetings about urgent matters from time to time Meeting preparation, including a commitment to read detailed meeting papers before each meeting Members must exhibit exemplary personal behaviours appropriate to government committees, including by acting honestly and exercising procedural fairness The Premier may impose other conditions upon individual appointments. PAYMENT Sessional fees are payable to all non-government employees. Travel allowances are payable to all eligible members at approved government rates. COMMITTEE MEMBERS – ROLE AND CONFLICTS Committee members are sought for their general experience, knowledge and commitment to Aboriginal heritage. Members are appointed to represent the interests of all Aboriginal people within South Australia, and not specifically to represent the interests of their language groups. Committee members are subject to strict conflict of interest procedures, including ongoing disclosure of any perceived or actual conflicts of interest while they are members. If you or someone close to you has an interest in a matter for which the Committee is providing advice, you will have the opportunity to share your views, but you must leave the room when the Committee finalises its advice to the Premier. If you or someone close to you has an interest in a RARB appointment, you will have no involvement in that matter or decision at all. ELIGIBILITY The Premier will consider nominations from Aboriginal persons over the age of 18 years currently living in South Australia. Successful nominees will be able to demonstrate their interest and experience in working with Aboriginal heritage, an appreciation of the Act and the Committee’s functions, as well as their capacity to exercise discretion and sound governance. The Premier is particularly interested to consider nominations from people in areas of the state not currently represented on the Committee. NOMINATIONS Eligible Aboriginal people may self-nominate, or be nominated by their local community. If self-nominating, an endorsement from a local representative body, such as a native title body corporate or local heritage association, will be viewed favourably. Nomination forms are available at dpc.sa.gov.au/heritage-committee. Nominations close on Wednesday 16 June 2021. Late nominations will not be accepted. Completed nomination forms should be forwarded by post or email to: Jill Walsh, Executive Officer – State Aboriginal Heritage Committee c/- Aboriginal Affairs and Reconciliation, DPC GPO Box 2343, Adelaide SA 5001 Email: jill.walsh@sa.gov.au For further information please phone 8226 8900
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Aboriginal Way, Autumn 2021
“Still no action” on Aboriginal deaths in custody Continued from page 1 Words by Janette Milera SOSBlakAustralia SA We strongly urge South Australian and Federal Government to take immediate action to listen to the medical and legal evidence and introduce legislation to amend section 5 of the Young Offenders Act 1993 (SA) to raise the minimum age of criminal responsibility from 10 years to at least 14 years in South Australia.
Founder of SOSBlakAustralia SA Action Group Janette Milera.
Once children are in the justice system there’s no chance of them coming out for education or sport or anything else. We want these kids to be kids for at least another four years.
A child’s brain isn’t developed properly
One of the things we’d like to see is
and should be allowed to develop more.
Aboriginal advisors in government.
At the age of 10, they’re not under-
Like who’s advising government, if
standing properly the consequences of
they’re not Aboriginal people? Aboriginal
their actions. So, we see once the police
people have had enough of white people
have them at the age of 10, there’s no
talking for us. It’s time for us to do our
way of us getting them out of that system.
own talking and do our own work.
We have adults in jail that were part of
I’m 50, the recommendations came
this legislation who have been in jail
at when I was about 20. Hopefully,
and targeted as children. It’s a system
I don’t have to wait another 20 years
that just continually targets our youth
for these recommendations to be
and then they become adults within the
implemented and we get changes for
system and they can’t get out.
our people and our future generations.
SOSBlakAustralia would like to see
Sign SOSBlakAustralia
changes in legislation and policy for
SA Action Group’s petition:
Aboriginal people.
bit.ly/raisethecriminalage
‘Conversations with Indigenous Women Leaders’ at Lot Fourteen “If you’re not on the table, you’re on the menu,” April Lawrie, Commissioner for Aboriginal Children and Young People SA said at the ‘Conversations with Indigenous Women Leaders’ at Lot Fourteen. Australia’s Ambassador for Gender Equality, Julie-Ann Guivarra; former Chair of APY Executive Board Council, Sally Scales; and Ochre Dawn Creative Industries founder & CEO, Rebecca Wessels also shared their inspirational stories for International Women’s Day addressing the theme #ChooseToChallenge
Left to right: Sally Scales and April Lawrie.
Julie-Ann Guivarra.
Rebecca Wessels.
Aboriginal Way, Autumn 2021
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Rio Tinto resignations after Juukan Gorge disaster Rio Tinto chairman Simon Thompson and non-executive Board Director Michael L’Estrange will resign following ongoing repercussions from the destruction of the 46,000-yearold rock caves in May last year. The company announced the two would step down from their roles with L’Estrange stepping down after this year’s annual general shareholder meetings and Thompson to follow in 2022. The National Native Title Council (NNTC), which called for largescale cultural change from Thompson in September last year, welcomed the news. “We are pleased to hear that Mr Thompson has finally taken accountability for the poor governance decisions which led to the tragic events at Juukan Gorge,” NNTC CEO Jaimie Lowe said. “Not only did we see the tragic theft of cultural heritage at Juukan, but the Rio Tinto board’s handling of the disaster was profoundly disappointing and an insult to the traditional owners who continued to act in good faith, even after their heritage was intentionally destroyed. Rio Tinto has finally realised that the leaders who presided over this disaster could not be the leaders entrusted to repair it. It’s a pity that they only execute these necessary reforms when they’re under intense public or shareholder scrutiny.”
Aboriginal leader and academic Professor Marcia Langton says it’s too little too late. “Most people in the Aboriginal community are very well aware that this company is prepared to continue on its merry way with poor governance and business as usual,” Professor Langton told ABC after the announcement, though she expressed her concern that Thompson hopes to stay on for another full year. Professor Langton also wrote in a recent opinion piece that she was approached by Rio Tinto in June last year to lead an internal inquiry into the blast and the miner’s cultural heritage processes. “After some discussion, it became apparent that Rio Tinto leaders were not committed to transparency or independence, so I declined. What Rio did seem committed to, however, was finding a blackfella to clean up its PR disaster (perhaps not ironic, given the Indigenous relations and PR departments were amalgamated under former CEO JeanSebastien Jacques’ watch in 2016).” The announcement of these resignations came in early March, seven months after the forced resignations of Chief Executive Jean-Sebastian Jacques and two senior executives, head of iron ore Chris Salisbury and head of corporate relations Simone Niven.
Investors have continued to call for both Thompson and L’Estrange to step down from their positions over this time, with many unsatisfied that former chief financial officer Jakob Stausholm was appointed the new Chief Executive, replacing Mr Jacques, instead of an outside candidate. Both the Chair and the Board Director referred to the impact left by the destruction of the rock shelters in a joint statement announcing their resignations. Thompson mentioned that his achievements since becoming chairman in 2018 and over his seven years on the board had all been overshadowed by the destruction of the Juukan Gorge rock shelters and that, as Chairman, he took responsibility for the failings behind the tragic event. “Over the past eight months, we have engaged extensively with investors, government, civil society, Indigenous leaders and, most importantly, traditional owners to learn the lessons from Juukan Gorge. We have taken decisive action to address the weaknesses identified in our risk management and governance, while also acknowledging the need to improve our work culture and to rebuild relationships,” said Mr Thompson in his announcement. “While I am pleased with the progress we have made in many areas, the tragic events
Rio Tinto’s destruction of Juukan Gorge. Photo: Puutu Kunti Kurrama and Pinikura Aboriginal Corporation.
at Juukan Gorge are a source of personal sadness and deep regret, as well as being a clear breach of our values as a company.” L’Estrange, who will have served on the Board for six and a half years when he steps down said: “I wish Jakob (Stausholm, Chief Executive from January 2021) and the new executive well for the future as they build on Rio Tinto’s many strengths and continue to implement the critical changes aimed at ensuring that an occurrence such as the destruction of the Juukan Gorge rock shelters never happens again.”
Drilling on Lake Torrens continues despite legal action The Aboriginal Lands Parliamentary Standing Committee has launched an inquiry into Aboriginal heritage policies and standards in South Australia.
protection didn’t seem to be happening here in South Australia. We are glad these concerns finally seem to be taken notice of,” he said.
This comes after public concern of Premier Steven Marshall’s decision to approve exploratory drilling on significant Aboriginal site Lake Torrens under Section 23 of the Heritage Act.
“Greater attention is required to ensure the protection of Aboriginal sites such as Section 23 of the Heritage Act, moving forward. To that end, South Australia should move to adopt the best practice standards in Indigenous Cultural Heritage Management to give traditional owners final say over what happens in their own country.”
The act allows Aboriginal sites, objects, or remains to be “damaged, disturbed or interfered with” under authorisation from the Minister for Aboriginal Affairs and Reconciliation, currently the Premier. The Committee will consider the operations of the Aboriginal Heritage Act 1988, management of Aboriginal Heritage in South Australia, how to best to protect intangible Aboriginal Heritage and intellectual property. South Australian Native Title Services (SANTS) launched a Freedom of Information request for documents relating to the Premier’s decision to approve the project. “It reveals that the South Australian Heritage Committee said ‘no, don’t mine’, so he’s gone against the advice of his own agency,” SANTS CEO Keith Thomas said. “There has been a major push to protect cultural heritage sites across the country since the devastating impact of the Juukan Gorge destruction last year, but that
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These International Standards were designed to reference the minimum standards set out in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and provide clear guidance on dealing with Indigenous cultural heritage worldwide. The National Native Title Council CEO Jamie Lowe agreed: “In the wake of Juukan Gorge, every government in Australia should have received the wakeup call and should be in the process of scrutinising and reforming their archaic legislation. Cultural heritage laws, federally and in the states and territories are not protecting cultural heritage. Not only does this fail to uphold the rights and interests of traditional owners but it fails all Australians, because it risks us losing so much of what makes our continent unique.”
Aboriginal Way, Autumn 2021
Argonaut Resources mining equipment on Lake Torrens. Photo: Kokatha site card holders.
The National Native Title Council recently put in submissions focusing on the importance of these Standards for both the Inquiry into the destruction of Juukan Gorge and consultation on Western Australia’s Draft Aboriginal Heritage Bill.
Argonaut Resources, the company granted permission to begin exploratory drilling on the sacred site said: “The company notes that there are no registered Barngarla heritage sites at Lake Torrens.”
The Adnyamathanha, Barngarla, Kokatha and Kuyani people all have stories connected to the lake. In March, the Barngarla Determination Aboriginal Corporation launched legal action in the form of a judicial review to halt drilling.
“Argonaut notes that exploration works being undertaken at the Murdie project have been duly authorised. The company is confident that the State’s authorisation process was robust. Argonaut is continuing with final preparation for drilling at the Murdie site.”
“These proceedings seek the reversal of an authorisation given by the State of South Australia to mining company, Kelarary Pty Ltd, to damage sacred Aboriginal heritage at Lake Torrens as part of their exploration drilling program,” the corporation said.
Despite the bid for a judicial review, the State Government has confirmed the company will be allowed to continue drilling. For updates on Lake Torrens: nativetitlesa.org/aboriginal-way-news
Indigenous students are the majority at Tika Tirka accommodation Before Tika Tirka, which means stay and learn in Kaurna, there was no accommodation available that could cater to the needs of Aboriginal tertiary students. Tika Tirka provides Aboriginal and Torres Strait Islander students aged 18 to 26 with an affordable, safe, and culturally appropriate home away from home while they study in Adelaide.
“The cohort here is Indigenous, so because they’re people from the land, you don’t just want to throw them into Adelaide,” Michael explains. “Tika Tirka reduces the impact of culture shock and paves the way for them to build the resilience to brave the world that they haven’t really experienced before.”
Wayne Gibbings is the State Manager of Community Housing Limited, the company aims provide safe and affordable housing to those who need it most in South Australia. “The State government with Commonwealth government funding, initiated Tika Tirka which is effectively an apartment complex built to provide housing for Aboriginal students attending university and TAFE courses,” Wayne Gibbings says.
Housing officer Ronald Rankine is proud to work at a facility where Aboriginal and Torres Strait Islander people are the majority.
“We’ve got students doing a range of courses from, medicine, engineering, media studies and nursing. Those students generally come from regional areas of South Australia.” Ngarrindjeri and Narrunga university student, Michael Cullen says Tika Tirka provides stability which allows him to focus on his studies. Michael found out about Tika Tirka after a recommendation from his student support officer at university where he studies a Bachelor of Psychological Science.
“Knowing that students are coming here, to a where it’s for Indigenous only, I think that’s sort of reassuring on a trip coming down, because most places they are the minority.”
Michael Cullen, a student who lives at Tika Tirka.
block that can house up to 20 people. Indigenous students aged 18-26, enrolled in tertiary education and eligible for ABSTUDY can apply to live at Tika Tirka.
“We’ve also got two wonderful support workers in the team who give students the services that they need, like mentoring, health, cooking and just general living support.” Want to know more? Email: Tikatirka@sa.gov.au or Phone: (08) 8470 9491
“She (support officer) knew my history and my troubles with finding a secure place to stay and did everything in her power to get me here.” Tika Tirka student accommodation, located in Adelaide’s CBD.
Students can make the most of the modern facilities on offer at the apartment
Ronald Rankine, the Housing Officer at Tika Tirka.
Aboriginal Way, Autumn 2021
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Warndu: bush food is good for people & planet “The studies say that the more indigenous people have access to country, but also access to their traditional foods, the better outcomes there are from a health perspective, not just physical health, but mental health,” Rebecca says. A non-traditional diet is typically higher in saturated fat, sugar, salt and lower in fibre than a traditional Indigenous diet. Compared to non-Indigenous Australians, Indigenous Australians have higher levels of diet related disease such as diabetes and heart disease.
Founders of Warndu, Damien Coulthard and Rebecca Sullivan, have a goal to see native ingredients in every Australian pantry. Their best-selling cookbook, Warndu Mai, may inspire you to start cooking with their range of herbs, spices and seeds. Warndu means ‘good’ in the Adnyamathanha language and reflects the brand’s aim of providing nutritious food that is good for the body and mind. “We see Warndu being an access point, a gateway for not only the Adnyamathanha nation, but a lot of Aboriginal diversity and nations actually share their story related to food,” Damien explains. Aboriginal people like Damien, a proud Adnyamathanha and Dieri man, are founding business which celebrate and educate customers about their culture and connection to country. Damien’s partner in business and life, Rebecca Sullivan started the Granny Skills movement, which aims to protect the skills, heritage, and traditions of our Elders. After meeting Damien, she learnt more about the benefits of eating native, for people and planet. They combined Damien’s knowledge and skills as an Indigenous educator at Lefevre High School, with Rebecca’s culinary background to found Warndu. Together they saw a gap – while more Australians prioritised eating and living sustainably, they were missing out on the health benefits of using native ingredients.
“The easiest place to learn how to cook, is in the spice cabinet and most of the native foods that we use, they’re coming in a dried form. We have 50 plus foods in our shop, and we wrote the book with the intention of it being a good place for people to start,” Rebecca says.
running our education program and we do catering and events as well,” Rebecca says. Damien and Rebbeca also own a tree farm in the Clare Valley, where they live and are continuing to grow Warndu. They are utilising the 90-acre property with plans for an education centre with a demonstration garden to show local farmers how to grow native foods. “We really actually have moved into seeing ourselves as an environmental brand more than anything and we want
“We need to create hubs and access points for all people to access these foods and improve their diet and their wellbeing. It’s about getting back to your natural state and not consuming highly processed carbohydrates, fats and sugar that ultimately impact the way you feel and think,” says Damien.
to create a climate resilient community,”
“We’re not just a food brand we have a home and body range, we’ve just started
two years or if they happened 20 years,
Rebecca says. “We’re helping people really understand the significance of environment, food and the importance of community identity,” Damien adds. “We have massive plans, and these plans could happen in one to we just want to grow sustainably.”
Damien and Rebecca’s top three native ingredients: native pepper, lemon myrtle, wattleseed Warndu Mai’s recipes use ingredients from across Australia and Damien and Rebecca believe the cookbook can be an icebreaker to the 250 Aboriginal nations and 800 dialects. Their latest collaboration with Haigh’s was an opportunity for customers to stumble across native ingredients combined with the familiar taste of chocolate. Flavours like Milk Chocolate with Finger Lime and Dark Chocolate with Davidson Plum. “If we kind of think about food as that vehicle, people are tasting chocolates through Haigh’s and they can ask, where is that native food from? Hopefully, it’s encouraging people to travel the space and learn from Aboriginal communities in those areas about those foods, the origin story, the language, and their kinship ties,” Damien says. Warndu’s aim is to regenerate culture, traditions, community, health and soil. Colonisation interfered with the sustainable food systems and health of Aboriginal people – western farming changed the environment making bush foods harder to find.
Warndu Recipe: Quandong (Urti) Native Peach Pie Words and recipe by Rebecca Sullivan Native Peach is probably one of the more common Australian Native foods in our pantry today. The perfect fruits come in many shades of pink right through to jewel like red. A popular fruit for its tartness but also widely used for the large seed/kernal inside which is used to make jewellery. They are also great little Vitamin C boost too. Damien’s fondest childhood memories are of picking Quandong (urti in his language) all around the Flinders Ranges. They would pick bags full and eat them both fresh and freeze some for later days. His Nana Barb would always make Urti Pie too. It is definitely our favourite Quandong recipe, so we wanted to share it with you.
Ingredients For the pastry 2 cups (300 g) self-raising flour 1 cup (150 g) plain flour 200 g butter, chilled and chopped 125 ml iced water pinch of salt sugar, for sprinkling on pastry top
For the filling 500 g fresh (or frozen and thawed) quandong, for sprinkling ¾ cup caster sugar, plus extra 1 cup water (just enough to cover the quandong) or orange juice 1 egg, beaten 2 tbsp cream
Method 1. Combine the fruit with the sugar and orange juice, stir, cover and let stand for at least five minutes, or, if you have time, leave overnight. This will create a thicker filling. 2. Transfer the quandong mixture to a saucepan and cook on low for 10–15 minutes, stirring frequently. 3. Preheat oven to 180°C. To make the pastry: Place flours and butter in a large bowl and rub with your fingers until it resembles breadcrumbs. Add water and mix with a butter knife until the pastry just comes together. Divide into 2 portions and roll each out to a 28 cm circle on a well-floured surface. 4. Line a lightly greased baking tin with one circle of pastry. Prick the base with a fork. Fill with quandong filling, and trim the edge of the pastry. Cut remaining pastry into smaller circles using a 7 cm round cutter. 5. Mix the egg and the cream together. Brush the edges of the pastry with mixture. Lay circles of pastry over the pie, overlapping slightly. Brush the top of the pie with the egg mixture. Sprinkle with sugar. Bake for 30–35 minutes, or until golden. Warndu sells Quandong in freeze-dried kibble so you can enjoy this flavour year-round. Sometimes this is mispelt as qandong. warndu.com
Warndu co-founder Rebecca Sullivan.
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Damien Coulthard sharing his Warndu Mai cookbook.
Aboriginal Way, Autumn 2021
Q&A with South Australian of the Year Tanya Hosch At the end of the day, we’re an employer and players are at work and they deserve to be safe at work and they, and their families should not vilified just while they’re doing their job. There’s still a lot of work for us to do, it speaks to the fact that there’s still a lot of things structurally in place that don’t adequately address some of these issues and what we really need to continue to work on. I am interested in your career before the AFL. Did you experience much racism in other roles?
South Australian of the Year Tanya Hosch. Photo: Salty Dingo.
Tanya Hosch is the first Indigenous person and second woman to join the AFL at an executive level. Her leadership has made the game not only more inclusive for Aboriginal and Torres Strait people, but women and gender diverse players, too. Find out what makes Tanya tick in our Q&A with the South Australian of the Year. How do you think we can all be better Australians in our everyday lives? That is a good question. The thing that I think would make a significant impact on us as a country and ensure better outcomes for Aboriginal Torres Strait Islander peoples would be for us to deal with the systemic and institutional racism that still exists. It would really help the country as a whole move on with more harmony, and also just have a practical outcome of ensuring that everyone has a better experience of life, fairness and justice, overall. What do you think about changing the date of Australia Day? It’s something that’s been called for, for a very long time. I thought what was interesting this year, is the conversation went up a few notches. I think it’s a frustration that you have this conversation every year and it never sort of gets resolved. What was good this year, was that the people were sort of extending the conversation. I think there’s just so many opportunities that are positive from doing it. It’s a step that’s needed to move forward together, right? Yeah, absolutely. And you can see that from the rallies and marches that happened on the day, it’s not just Aboriginal Torres Strait Islander people going to those, it’s people from all walks of life, who really do want to ensure that the first peoples of the country and our history, is inclusive of all of the stories that create Australia’s story. Not just some of them.
Why do you think that it’s okay for some Australians to see Aboriginal culture in a museum, but not on a footy field like we saw with the booing of Adam Goodes? I think it becomes clear the more Adam spoke about his experience and his passion for addressing racism and talking very directly about those things, calling it out where he had experienced it in footy, the more you will have people push back.
Yeah, I did and still do, don’t expect that to change anytime soon. I’m in a really privileged position compared to a lot of people. So I think that I’m fortunate, but I certainly remember my early years in the workforce, from my first job, having some really overtly racist experiences and being very fearful about dealing with them, in many ways it was an extension from going to school. I think by the time I got to the workforce, I probably didn’t really expect it to be very different and as it turns out it wasn’t. But I do think it’s important that we make sure that there are things in place that are rights and the policies to protect our rights are enforced and that people know that they do have options.
What’s your take on racism and does it start in the school yard? I do think that young people are being educated better about these things. Certainly, the education system through the work of a lot of Indigenous Australians who fight to make sure the educational system actually taught the whole history of the country and the cultures that have always been here. I’ve got a 13-year-old daughter and I know that she and her friends are very alert to when someone says or does the wrong thing I think some of it will be generational, but, I think ultimately it starts at home and everything we take in media, movies, sport, everything impacts our worldview. In the past you’ve said, “I do what’s right, not what’s popular.” Out of what you’ve done right, what are you proud of? Seeing the Nicky Winmar statue come to life. He’s the first Indigenous AFL player statue ever. Because it is that iconic pose of him pointing to his stomach and his skin saying that he’s black and proud. I think the fact that it wasn’t a mark, or a handball pose as well, what it stands for represents more than just Nicky Winmar the player. I’m very proud of that. It was a really hard project to get up. I had no idea how hard it was to, work on a statue, but absolutely worth it.
I think it’s often the case that people will support you if you’re great at something, particularly sport, but then there’s always this interesting discourse about whether or not having that platform affords you the right to give a political view or a personal view about anything. I think we’re seeing it more and more, not just in sport, but also in entertainment that people are wanting to use their platforms to talk about the things they care about. And I don’t think that’s going to go backwards. So, if that is confronting and challenging for people, I think that like a lot of things over time, people will become more familiar with it and hopefully respect their right to use the platform in the way they see fit.
I also know that people who have made reports have sometimes come out of that disappointed and not felt heard, so I can understand why people don’t trust those systems as well. So, you know, all the work that I think we do and, your organisation (SANTS) does is a really important part of helping educate the community and standing up for the rights of people, so that they do feel heard and hopefully are better protected is critically important.
I’m really proud that, you know, under my watch at the AFL, we’ve had the first ever Aboriginal appointment to the AFL tribunal.
The Final Quarter film uses archival footage to share the racism endured by champion AFL player Adam Goodes on and off the field. Watch via thefinalquarterfilm.com.au
I’m just proud that I’m in a position where I get to speak to decision makers at the highest level of Australian rules football, being the first ever Indigenous person appointed to the AFL executives to be able to use my voice and take that opportunity.
What change have you been able to create at the AFL? The change had been kicked off well before my time. You have to go back to people like Michael Long, where he was behind Australian rules football having the first racial vilification policy in a sport. He worked alongside other players like Michael McLean, Gilbert McAdam and Che Cockatoo-Collins to make sure the league understood that vilification on field was not okay. I’m just trying to progress the steps and the path that I had already been laid. The playing group and what they experienced now, you know abuse and harassment on social media, that’s a new domain.
Nicky Winmar statue. Photo: Kahla Emonson.
Aboriginal Way, Autumn 2021
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Our column in review features reviews and stories on Aboriginal writers, artists and musicians. We welcome your feedback and suggestions. So if you know of a new work about to be published or an artist or musician please email calebs@nativetitlesa.org
Mali Isabel is making her art empire Meet Mali Isabel, an Arabana and Kokatha artist making a name for herself on Kaurna land. The 21-year old was a successful applicant of a year-long residency at Carclew – a multi-art form organsation cultivating artists early in their career. Mali dabbles in ceramics and photography, but currently acrylic on canvas is her medium of choice and she isn’t afraid of using the whole rainbow.
“I would say my style was very contemporary, but I feel like it’s also quite unique because many people wouldn’t even dare to use the colours that I do.” Mali uses one of her studio walls to brainstorm ideas that inspire her artworks – from mental health to Miley Cyrus. “I base all of my art on equality, so during this time when I started doing art, same-sex marriage was just legalised in Australia,”
she explains. “People would just keep it like neutral, basic tones or pastorals whereas I just go like neon and bright.” Part of Mali’s residency at Carclew includes support with developing her creative practice and opportunities to run her own workshops. “Recently I did a six-panel mural with year five to eight students focusing on a Narungga dreaming time story. We had the kids design the mural, create the mural and then it was put up in the school. It was absolutely amazing.” Mali is determined to let nothing hold her back from making a “massive name” for herself with plans to have exhibitions all over the world. “I feel like being Indigenous and then being a woman, like there’s two things that are so against me in the world already, but I feel like nothing can stop me because if I want something I’m going to go out and make it happen regardless.” Mali is currently building her website, but she regularly shares her work on Instagram and says you’re welcome to message her to commission an artwork. “It’s as simple as throwing me a DM and then we discuss colours, size, check out my price and then people just wait until it’s ready.” Follow Mali on Instagram: @malisabelart
Mali brainstorming ideas for her next project.
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Aboriginal Way, Autumn 2021
Legacy: Reflections on Mabo exhibition Aboriginal Way visited the Legacy: Reflections of Mabo exhibition at Port Pirie Regional Art Gallery on Nukunu country. The exhibition explores the life and legacy of Mabo from both Indigenous and non-Indigenous perspectives. Eddie’s daughter, Gail Mabo is one of the curators of the exhibition presented by Umbrella Studio Contemporary Arts. Eddie Mabo passed away before the High Court of Australia agreed with his case in 1992, which recognised the the traditional owners of the Murray Islands in the Torres Strait. The case kickstarted native title recognition in Australia through the Native Title Act 1993. Ursula Halpin is the gallery and cultural arts coordinator at Port Pirie Regional Art Gallery who explains the how Mabo inspired three artworks in the collection.
Ken Thaiday Snr, Koiki Mabo Celebration, 2012–2019.
Elisa Jane and Sonja Carmichael, Circles of Life and Light A big part of Sonja’s arts practice is the regeneration of the Quandamooka weaving. As you can see, it’s lots of different materials including the ghost nets that wash up on the shore of Stradbroke Island. The theme is regeneration of culture and their important spiritual connection to the land on the waters around the Island and really ensuring that the legacy of weaving and their deep connection to that country and culture lives on through the weaving and goes down through the next few generations and hopefully onwards.
Ursla Halpin, Gallery and Cultural Arts Coordinator, Port Pirie Regional Art Gallery.
Judy Watson, Mabo Legacy with Resistance Pins
Judy Watson, Mabo Legacy with Resistance Pins, 2019, acrylic, graphite and lumocolour pencil on canvas.
Elisa Jane and Sonja Carmichael, Circles of Life and Light, 2019, ghost net, wire, nylon fishing net, synthetic fibres and fish scales.
In this artwork she has overlaid Haddon’s line, drawn map of Mer Island, which is where Eddie was born. Onto that, she’s got ochre washed versions with white lines, revealing waterways, and the two maps which almost seem to be grinding with each other.
A colleague of Judy mentioned to her that sometimes there can be a disjunction between the anthropological research held in libraries and museums, as opposed to the oral histories of Indigenous people, who were the subjects of those histories. Toby Cedar, Headress (Dari) We’ve got Toby Cedar here who has these beautiful tribal masks. These four Daris represent the four tribes of Erub Island, his cultural homeland where they’re still used as sacred objects today. The Dari originated from Mer Island, but they’re also used in the eastern Island Ugar Erub. His Mer Island Grandad Koiki Mabo was a very traditional man and the artist was inspired to celebrate the culture he so loved. Legacy: Reflections on Mabo will be on show until 13 June 2021. More information can be found at pprag.org.au
Toby Cedar, Headress (Dari), 2019, bamboo cane, twine, feathers, pearl shell, kulup bean
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Awareness campaign focussing on the importance of respect for older Aboriginal people South Australia’s Office for Ageing Well is working with Aboriginal community representatives to raise awareness about the rights of older Aboriginal people, and the importance of respect for Elders, connection and community.
The first videos feature campaign ambassadors Kaurna Elder Frank Wanganeen talking history with his grandson Joseph at the Aboriginal War Memorial in Adelaide, and Wakka Wakka woman Joanne Willmot OAM reflecting on respect.
If you see or know of any Elders being mistreated, use your voice and say something.
The Wardliparingga Aboriginal Research Unit within SAHMRI recommended the co-design tactic in its report What keeps you safe: approaches to promote the safety of older Aboriginal people.
Elder abuse or mistreatment is an act that causes harm to an older person and is carried out by someone they know and trust, such as a family member, friend or care giver. The mistreatment can be physical, social, financial, psychological, or sexual and can include neglect.
Speak with your local Aboriginal Health Service, or call the SA Abuse Prevention Phone Line on 1800 372 310.
To begin with, artist Jordan Lovegrove, a Ngarrindjeri man working with Dreamtime Creative, designed an artwork for the Respect Connect community awareness campaign. It shows the importance of Elders as the foundation of Aboriginal culture. Office for Ageing Well consulted with Aboriginal community representatives who provided advice and feedback on the ‘look and feel’ and shaped the campaign key messages.
The Wardliparingga Aboriginal Research Unit found barriers to reporting mistreatment include: behaviour not identified as mistreatment; fear and concerns of being judged as inadequate; fear of even worse consequences; dependence on the abuser; shame; loyalty; lack of awareness of available services; isolation; and distrust of services.
As the campaign progresses, social media, videos, a brochure and poster are being produced, featuring the artwork and messages. Valuing and respecting Elders and older Aboriginal people and their wisdom is the pathway to maintaining culture and building a better future.
So over the next five years, Office for Ageing Well will continue to partner with Aboriginal communities and Elders as advocates, sharing stories that highlight the importance of standing up for the rights of older Aboriginal people and that there are ways to work things out.
You can get free confidential information, advice and referral to appropriate services, including advocacy, mediation and legal support.
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Help spread the word about the campaign and how important it is to stand up for the rights of older Aboriginal people by sharing the campaign images, videos and information with your family and friends. When you post on social media, use the hashtags #RespectConnect #StopElderAbuse.
Connect with your Elders. They are the teachers and keepers of culture. If you know someone who is being disrespected or mistreated, or are worried about your own situation, call the
SA Abuse Prevention Phone Line 1800 372 310 for free, confidential information and advice. Mon to Fri 9am-5pm. Or see www.sahealth.sa.gov.au/stopelderabuse
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Access campaign information and materials at www.sahealth.sa. gov.au/respectconnect or call Office for Ageing Well on 08 8204 2420 to order free materials. Respect. Connect. Keep Elders Safe.
South Australian Native Title Services (SANTS) for your organisation
SOUTH AUSTRALIAN NATIVE TITLE SERVICES
SANTS is an independent Aboriginal organisation with proven experience and expertise in providing a wide range of professional services to South Australian Aboriginal Nations. We are responsive to the needs and priorities of Aboriginal Corporations and can bring a unique understanding of and respect for culture and communities in our provision of services. We offer services in: • Corporate Governance • Corporate Administration • Community Development
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• Native Title Legal Services • Financial Management • Human Resources Management
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SANTS offers a very competitive fee structure to Aboriginal Corporations to suit their financial circumstances.
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Contact our Manager of Corporate and Community Development for a confidential discussion and further information: (08) 8110 2800 | info@nativetitlesa.org | www.nativetitlesa.org
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Family Court merger opposed by former judges and legal experts The Morrison Government has passed new legislation in the Senate to merge Family Court with Federal Circuit Court, despite opposition from 155 stakeholders, including 13 former judges who are concerned that the move will contribute to greater risk for children and survivors of domestic and family violence.
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The new bill would introduce a new single court structure, the Federal Circuit and Family Court (FCFC), to reduce the backlogs of cases resolved and assist those in rural areas who have limited access to courts. But a range of community organisations and professionals who work with Australian families have signed an open letter to the Attorney-General opposing the government’s bill to abolish the specialist Family Court. This group has been calling for the merger not to be passed for the last three years due to concerns it would have devastating impacts on families, result in a loss of structural, systemic specialisation and make the appeal division a more difficult process. The group mentioned in their letter the many inquiries the government has commissioned into family law, all of which have recommended increasing specialisation in the area in order to prioritise the safety of those the system is meant to protect. “Any reform should strengthen a system, not lead to the diminution of specialisation. If the Government’s proposed reforms
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proceed, we will lose a stand-alone specialist superior court… The safety of children and adult victim-survivors of family violence requires specialisation. The proposed merger serves only to undermine that important need,” their letter read. “This is particularly the case for groups that are disproportionately impacted in the family law and family violence systems, including Aboriginal and Torres Strait Islander people… While we support just, quick and cheap access to justice and there is a role for increasing efficiencies within our court systems, this must not come at the cost of the safety of children and adult victims-survivors of family violence. These two important imperatives are not mutually exclusive, and one ought not be abandoned at the expense of the other.” Signatories to the letter included 11 retired Family Court and Federal Circuit
Court judges, and former Chief Justices the Hon Elizabeth Evatt AC and the Hon Alastair Nicholson AO RFD QC. The family court was set up in 1975 by Parliament as a dedicated family law court to deal with complex parenting and financial cases and has steadily developed ever since beginning operations early the following year. The cases it deals with include cases involving child welfare agencies, allegations of sexual abuse, mental health issues, multiple parties, special jurisdictional issues and other complicated matters. Maintaining registries in all states and territories except Western Australia, the Court’s goal since the 1970s has been to “deliver excellence in service for children, families and parties through effective judicial and non-judicial processes and high-quality and timely judgements while respecting the needs of separating families”.
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Native Title Areas in South Australia N o r t h e r n
T e r r i t o r y Irrwanyere Mt Dare Native Title Determination Eringa Part A Wangkangurru/Yarluyandi Proceeding Part A Proceeding
Tjayiwara Unmuru Native Title Claim Eringa
De Rose Hill Compensation Application De Rose Hill MI NTA B IE
Yankunytjatjara/Antakirinja SC2018/002 Walka Warni Oodnadatta #2
Legend Native Title Determination Area (NNTT name shown)
The Wangkangurru/ Yarluyandi Native Title Claim
SC2013/001 Arabana No 2 SC2013/003 Walka Warni Oodnadatta
Dieri No. 3
Dieri
Arabana People
Native Title Applications coloured (NNTT number and name shown)
CO O B E R P E DY
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Land Tenure
Dieri No.2 Native Title Claim
SC2013/001 Arabana No 2
Aboriginal Freehold
Adnyamathanha People No. 1 (Stage 1)
Adnyamathanha People No. 1 (Angepena Pastoral Lease)
Reserve/Park
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SC1997/006 Wirangu No. 2 Native Title Claim
SC2016/001 Far West Coast Sea Claim
SC2019/002 Wirangu #3
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Adnyamathanha No 1 - Stage 2
Adnyamathanha People Native Title Claim No. 3
SC1996/004 Barngarla Native Title Claim
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SC1997/008 Nauo Native Title Claim
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Barngarla Native Title Claim
SC2011/002 Ngadjuri Nation #2
First Peoples of the River Murray & Mallee Region
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South Australia
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SC2017/002 First Nations of the South East #1
Native Title Applications and Determination Areas As per the Federal Court (1 February 2021)
MO U NT G AM B I E R
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SC2016/003 Nauo No. 2
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Adnyamathanha No. 1
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Yandruwandha/ Yawarrawarrka Native Title Claim
Eringa No. 2 and Wangkangurru/Yarluyandi
Q u e e n s l a n d
Tjayiwara Unmuru Compensation Application